Canadian Tort Law - Cases, Notes & Materials, 15th Edition

Designed as an introduction for tort law students, this book offers a probing analysis of basic concepts and an examination of the everyday human problems that this area of law addresses. The authors guide students through this vital aspect of the Canadian judicial tradition.

Designed as an introduction for tort law students, this book offers a probing analysis of basic concepts and an examination of the everyday human problems that this area of law addresses. The Honourable Allen M. Linden and Professors Lewis N. Klar and Bruce Feldthusen bring to bear a wealth of experience in the classroom and from the bench to guide students through this fundamental aspect of the Canadian judicial tradition.

Features

Select extracts of caselaw and articles - present leading examples of judicial opinion, academic thought and competing theories about the value and impact of the law of torts

Open-ended review questions - provide students with the opportunity to explore and discuss remedies provided to injured parties

Up-to-date jurisprudence - ensures that students are exposed to the latest trends

New In This Edition

New cases and case notes including:

Saadati v. Moorhead, 2017 SCC 28

Ernst v. Alberta Energy Regulator, 2017 SCC 1

Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63

A. I. Enterprises Ltd. v. Bram Enterprises, [2014] 1 S.C.R. 177

New section on new nominate tort of harassment

New section and relevant cases on ancillary powers of the police; causation and tort of unlawful means

Lewis N. Klar

Lewis N. Klar, Q.C., B.A., B.C.L., LL.M., is a Professor Emeritus at the University of Alberta, Faculty of Law. He was the Dean of Law from 1997 to 2002 and was with the Faculty of Law from 1973 until his retirement in 2014.. He was admitted to the Bar of the Province of Québec in 1971 and the Law Society of Alberta in 2000. He was awarded a Queen's Counsel in 2002, and received the Distinguished Service Award for his contribution to legal scholarship from the Law Society of Alberta and the Canadian Bar Association (Alberta) in 2005. In 2007, Professor Klar received the University of Alberta's J. Gordin Kaplan Award for Excellence in Research, the university's most senior and prestigious research award. In 2009, Professor Klar received the Hon. Tevie H. Miller Teaching Excellence Award, the Faculty of Law's annual teaching award. Professor Klar received the prestigious John G. Fleming Award in Torts from U.C. Berkeley Law School in 2016. Professor Klar is an elected member of the American Law Institute. He served as a member of the Alberta Auto Insurance Rate Board from 2005 to 2013. His major publication is Klar, Tort Law (2012), which is currently in its sixth edition. He has published numerous articles on the law of torts and has presented his work at conferences in Canada, the United States, Scotland, Japan and Australia. He has taught at a large number of continuing legal education programs for both lawyers and judges, and has been a consultant on a number of important cases both in Canada and the United States. His works have been cited by the Supreme Court of Canada and the courts in every province in Canada, as well as by courts overseas. In recognition of Professor Klar's contributions to tort law, a Special Edition of the Alberta Law Review was published in 2016 in his honour.

Bruce Feldthusen

Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D., is a Professor of Law at the University of Ottawa and a member of the Bar of Ontario. He was a Professor of Law at the University of Western Ontario from 1977 to 1999 and served as Dean of the Common Law Section of the University of Ottawa from January 2000 to June 2013. He is a member of the American Law Institute and a past president of the Canadian Law Deans. Professor Feldthusen serves as Canada's representative to the World Tort Society. He has taught law in Canada, the United States and Australia and was the Research Director for the Ontario Law Reform Commission's 1989 study on Exemplary Damages, which has been cited with approval and adopted in many common law jurisdictions in Canada and abroad. Professor Feldthusen is well known and internationally recognized for his treatise Economic Negligence, now in its sixth edition, which has been relied on by the Supreme Court of Canada and which now provides the organizing framework for all negligence actions in that field. He is co-authors with the late Honourable Allen M. Linden and Professor Lewis Klar of the popular casebook Canadian Tort Law (LexisNexis Canada). Feldthusen’s analysis of pure economic loss has been adopted by the Supreme Court of Canada and now provides the organizing framework for all negligence actions in that field. He was one of the first legal academics to study civil remedies for victims of sexual assault. Feldthusen was the research director for the Ontario Law Reform Commission’s 1989 study on Exemplary Damages, which has been cited with approval and adopted in many common law jurisdictions in Canada and abroad. His recent work has concentrated on the law of negligence as applied to government and statutory public authorities. He has also practised law and works frequently as a litigation consultant on issues in tort law. He is co-author with the late Honorable Allen M. Linden of the Torts and Negligence volumes of Halsbury's Laws of Canada, and co-author with Margaret Isabel Hall, Erik S. Knutsen and Hilary Young of Canadian Tort Law, 11th Edition and Canadian Tort Law, 11th Edition - Student Edition.

The late Honourable Allen M. Linden

The late Honourable Allen M. Linden, O.C., Q.C., B.A., LL.B., LL.M., J.S.D., was a Judge of the Federal Court of Appeal from 1990 to 2009. Previously, he was a Professor of tort law at Osgoode Hall Law School of York University in Toronto from 1961 to 1978, and acted as Founding Executive Director of the Canadian Institute on the Administration of Justice from 1974 to 1978. He was appointed as a Trial Judge on the Superior Court of Ontario from 1978 to 1990, and served as President of the Law Reform Commission of Canada from 1983 to 1990. Mr. Linden was a member of the American Law Institute. He taught law in the United States, Australia and the United Kingdom, and taught part-time at the University of Ottawa and at Pepperdine University, School of Law in California. In 1965, he authored a statistical study on Compensation for Auto Accidents, which led the Province of Ontario to adopt a no-fault auto insurance plan in 1969, which influenced other provinces to follow. He has written several books and many articles about torts, which led to the award of the Professor John G. Fleming Award for Outstanding Scholarship in Tort Law. In 2011, he received the David Walter Mundell Medal for his distinguished contribution to law and letters. On July 1, 2015, Justice Linden was inducted to membership in the Order of Canada by Governor General David Johnston. He is co-author, with Bruce Feldthusen, of the Torts and Negligence volumes of Halsbury's Laws of Canada and of Canadian Tort Law, 11th Edition and Canadian Tort Law, 11th Edition - Student Edition. He is also co-author, with Stephen E. Firestone, of Butterworths Ontario Motor Vehicle Insurance Practice Manual. Mr. Linden passed away after completion of Canadian Tort Law - Cases, Notes & Materials, 15th Edition but before publication.